Frequently Asked Questions

Each case is unique and determined by the facts. The value of your case will depend on the type of injuries you sustained as a result of the accident, your medical bills, future medical bills, pain and suffering, lost wages, loss of earning capacity, and other damages. There is no bright line rule for determining the value of your case.

This depends on the severity of your injuries, if there are any questions about who caused the accident, and even the insurance carriers involved. Some cases can settle within a few months of the accident, while some cases take several years to get resolved.

An attorney who handles personal injury cases is familiar with all the steps necessary to bring your case to resolution, and your attorney will fight with the insurance carrier or tort feasor on your behalf to make sure you get the maximum recovery.

Our firm works on a contingency fee basis, which means that you don’t owe us anything up front and our attorneys’ fees will be a percentage of the final settlement or judgement. It also means that if we don’t get you a settlement or judgement you don’t owe us attorneys’ fees.

Yes, you can use the comprehensive and collision portion of your car insurance to get your vehicle fixed while you are waiting for the police report to come in or while fault for the accident is being investigated. Your comprehensive and collision coverage will cover the repairs of your vehicle, even if you are at fault or partially at fault for the accident. If the person who hit you does not have insurance, then you can use your uninsured motorist coverage to get your vehicle repaired.

If you have rental coverage on your vehicle, then you can go through your insurance company to get into a rental vehicle right away. If you do not have rental coverage on your policy, then you are entitled to have the value of a rental vehicle paid for by the at-fault party for a reasonable amount of time after an accident. The insurance carrier for the at-fault party will either place you in a rental vehicle, reimburse you a reasonable amount for a vehicle you rented, or pay you for the loss of use of your vehicle if you were not placed in a rental car.

Yes. New Mexico is a comparative fault state, which means that you can get a recovery even if you are partially at fault for the accident, but your recovery will be reduced by the percentage that you are at fault.

The best way to document the injuries you sustained in an accident is to seek medical treatment for your injuries. A medical professional will diagnose your injuries and prescribe treatment for those injuries. Without medical records to support your injury claim, it is very difficult to prove that you were injured in an accident. If you were injured in an accident, you should seek medical treatment as soon as possible following the accident.

Although going through your health insurance is the best way to get medical bills paid quickly after an accident, there are other possibilities for being seen by a health care provider if you don’t have health insurance. If you have car insurance, you may have medical payments coverage that will cover your bills up to a certain limit after an accident. Additionally, some of the larger institutions have financial assistance programs that you may qualify for.
Further, if you do not have other coverage, some physicians will agree to treat you and get paid out of the final settlement amount. In this situation, the physician will normally require a letter of protection from your attorney guaranteeing that the physician will be paid out of the final settlement.

Generally, we do not recommend speaking with an insurance adjuster directly about your claim. Insurance adjusters are often looking for ways they can reduce a payout on a claim. Be very wary of an adjuster who contacts you requesting a statement or if the adjuster wants specific information about the injuries you sustained. If you have been contacted to give a statement to an insurance carrier, you should contact an attorney first. Our attorneys will prepare you to give a statement, if it’s necessary, or communicate with the adjuster on your behalf.
However, if you are contacted by an adjuster from your insurance, then you will likely have to speak with them about the accident. Most insurance contracts require that you cooperate with your insurance company in investigating and resolving a claim. If you have an attorney, your insurance carrier will contact your attorney for further information.

Everything you have related to the accident. This can include the police report, the names and phone numbers of any witnesses, your car insurance information, your health insurance information, the other driver’s name and insurance information, any medical records and bills, photographs of the accident scene or damage to your vehicle, etc. If you aren’t sure whether or not to bring it, bring it.

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Disclaimer:
The information contained on this website is not, nor is it intended to be, legal advice, and use of this website does not create an attorney-client relationship. The information contained herein is presented for informational purposes only, and it is not intended to solicit clients outside the state of New Mexico. We recommend that you speak with an attorney regarding the specific facts of your case, and we invite you to call or email us for further information. Please do not provide us with confidential information until the attorney-client relationship has been established.